Bail Conditions

Conditions may be applied to a bail bond, and can vary depending upon the type of bail, the restriction of the court, and the bail bond agreement. One necessary condition of bail is the obligation to appear for all court proceedings. Other common conditions may be limited travel, continued employment, regular check-ins with the bail agent, or the requirement to attend court mandated classes or treatments. Failure to comply with bail conditions is not an offense, but may lead to the defendant being arrested and surrendered back to the court, where he or she will be remanded to custody. 

Premium Payments

The bail bond premium is the cost to post a bail bond, which in many states is restricted by law to a percentage of the bond amount. The bail bond premium is usually paid by cash, Venmo, PayPal, or credit card. The premium amount is non-refundable and fully earned upon release of the defendant, regardless of the final disposition of the defendant’s case. Paying a bond premium to a bail agent is usually a more affordable option than posting a cash bond. 

Bail Agreements

This is the contract that exists between the indemnitor(s) and the bail agent. The agreement generally includes the following: the name and contact information of the indemnitor, the date the bail bond was executed, the bond amount, the criminal charge(s), and the court in which the defendant is required to appear. Upon signing this agreement, the indemnitor is assuming the responsibility for ensuring that the defendant appears for all of his or her court appearances. The agreement also states that if the defendant fails to comply with the conditions of the bail bond, the collateral placed as security for the bond may be seized by the bond agency in order to pay the bail amount to the court in the event of forfeiture. The signature of the indemnitor is required to make this agreement binding. Surety Bonds
A surety bond is a contract among three parties; the defendant, the court, and the bail agent. A bail bond is a type of surety bond used to secure the release from custody of a person charged with a criminal offense. The defendant or indemnitor will pay a premium in exchange for the bail bonding company’s financial strength to extend surety credit. In the event of a forfeiture of the bond, the bonding company will pay the forfeiture, and will turn to the defendant or indemnitor for reimbursement. 

Bond Indemnitor

A bond indemnitor is also known as a co-signer or guarantor. As the bond indemnitor, you are responsible to the court and to the bail agent for the defendant’s adherence to the contract agreement and conditions. Bond indemnitors are often family members or friends of the defendant. A bond indemnitor takes full responsibility for the defendant’s appearance in court, and will often be asked to pledge collateral or security to guarantee the appearance. Failure to comply with these conditions may result in the forfeiture of the premium payment as well as the pledged collateral.  

Bounty Hunter

A bounty hunter captures fugitives for a monetary reward. A bounty hunter is also known as a bail enforcement agent, fugitive recovery agent, skip tracer, and bail fugitive investigator. Bounty hunters are often hired by bail agents to locate, arrest, and return the fugitive to the jurisdiction of the court. Bounty hunters must be properly licensed according to the laws of each state. 

Skipping Bail

This term is used when a defendant leaves the jurisdiction of the court, or commits any other act, in order to avoid a required court appearance after a bail bond has been posted on his or her behalf. Typically, the court will issue a bench warrant for the defendant’s arrest following the missed court appearance and bail is forfeited at a specific time period thereafter. 

Cash Bonds

A cash amount or money order is paid by the defendant or other individual to cover the total amount of the bail bond. The court holds this money until the defendant’s case has been concluded, at which time the cash is returned. Full cash bonds provide a powerful incentive for defendants to appear in court. Failure to appear for court appearances could result in forfeiture of the bail bond, which may ultimately result in the forfeiture of all cash posted. 

A defendant released on a private, commercial bail bond is released to the custody of his or her bondsman. While out of jail on bail, a defendant has responsibilities to the bondsman, the court, and the community.

A defendant must:

• Be of good behavior, avoiding criminal activity or other breaches of the peace.
• Attend ALL court appearances and in all manners make him or herself amenable to the requests and orders of the court.
• Notify his or her bondsman of any change of residence and/or mailing address.
• Promptly pay any premium due the bondsman.
• Not in any way conceal him or herself from the bondsman.
• Not leave the jurisdiction of the court without the specific permission of his or her bondsman.
• Follow any rules, instructions, check-in or call-in schedules required by his or her bondsman.